The Digital Millennium Copyright Act (DMCA) establishes a safe harbour regime for intermediaries for copyright infringements. Title II of DMCA protects online intermediaries from liability in the case of copyright infringement, provided a notice and takedown system to deal with infringements is implemented. The DMCA amended Title 17 of the United States Code to extend the reach of copyright while limiting the liability of the providers of online services for copyright infringement by their users.
Intermediaries also have the right to counter-notify when they believe there is no copyright infringement involved. Safe harbour is available only to an intermediary that “does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity."

It is reported that there is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.

It is reported that the U.S. does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law.

In the United States, telecommunications licences are managed by the Federal Communications Commission. Foreign providers wishing to purchase a telecommunications licence must apply for a separate International 214 Licence. These licences carry an application fee of USD 1000, and it is reported that they have a comparatively slow processing time. Moreover, the Executive branch of the government or the Department of Homeland Security may pull applications for additional scrutiny.

The United States has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

According to the Communications Act of 1934 (as amended by the Telecommunications Act of 1996), the Federal Communications Commission (FCC), the executive authority for the supervision and administration of services in the telecommunications sector, is independent of the government in the decision-making process.

Pursuant to the Code of Federal Regulations (§239.7602-2 of Part 239 of Chapter 2 of Title 48), cloud computing service providers to the U.S. Department of Defence (DOD) may be required to store data relating to the DOD within the U.S. The service provider's authorising official may authorise storage of such data outside of the US, but this will ultimately depend on the sensitivity of the data in question. Similarly, Section 2.1 of the Federal Risk and Management Program (FedRAMP) Control Specific Contract Clauses require agencies with 'specific data location requirements' to include contractual obligations identifying where 'data-at-rest […] shall be stored'.

Although the US is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not fully cover the three most relevant service sectors (CPC 752, 754, 84). While value-added telecommunications services are covered, the agreement does not cover procurement of public utility services, including telecommunications and automatic data processing (ADP)-related telecommunications services.

Section 310(a) of the Communications Act of 1934 states that a foreign government or representative may not directly hold a spectrum license, while Section 310(b) states that foreign individuals and business entities may not directly hold any common carrier and broadcast licenses. Under 310(b)(3), a foreign entity is limited to a 20% ownership interest in any common carrier and broadcast licenses. Pursuant to Section 310(b)(4), a foreign entity is limited to a 25% ownership interest in a US corporation that controls any common carrier, and broadcast license. The Federal Communications Commission has the discretion to allow foreign ownership in excess of 25% unless such ownership is inconsistent with the public interest.

In April 2020, Executive Order 13913 established the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector to assist the Federal Communications Commission (FCC) in reviewing foreign involvement in U.S. telecommunications (Art. 3). According to Art. 4 of the Order, the Committee's primary role is to assess existing licenses and applications to determine if granting or transferring a license poses risks to U.S. national security or law enforcement interests and to communicate its findings and recommendations to the FCC. It advises the FCC on actions such as dismissing or denying applications, setting conditions, or revoking licenses. The Committee is composed of the Secretaries of Defense, Homeland Security, and the Attorney General, with other Cabinet members and agency heads serving as advisors.

Foreign investments in the United States are generally permitted, subject to approval, unless they are deemed contrary to national interest. The Committee on Foreign Investment in the United States (CFIUS) is responsible for reviewing foreign investments that could pose national security concerns. This review applies to controlling investments in U.S. businesses but does not extend to greenfield investments. If CFIUS identifies a national security risk in a covered transaction, it can recommend that the President suspend, prohibit, or impose conditions on the transaction. This has occurred in at least five cases, including the 2007 attempted acquisition of an ownership stake in 3Com by Huawei and Bain Capital, which was ultimately abandoned after CFIUS signaled its intent to recommend presidential intervention.
Beyond national security concerns, additional restrictions may apply to cross-border mergers and acquisitions for competition-related reasons. The Foreign Investment Risk Review Modernization Act (FIRRMA) was enacted to strengthen and modernise CFIUS, broadening its mandate and expanding the executive powers of the President to scrutinise potential foreign investments. Amendments to FIRRMA have since clarified its scope and provided exemptions for certain countries, particularly those with which the U.S. maintains free trade agreements, such as Australia and Canada.
In September 2022, the United States issued the Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by CFIUS. This order formalised guidance for CFIUS, outlining key factors to consider during national security reviews. Specifically, CFIUS is directed to assess: (i) the impact of transactions on the resilience of critical U.S. supply chains; (ii) effects on U.S. technological leadership in key industries; (iii) investment trends affecting national security; (iv) cybersecurity risks; and (v) risks to sensitive data of U.S. persons.

The United States is a party to the Patent Cooperation Treaty (PCT).

Section 107 of the Copyright Act provides that fair use for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship and research is not an infringement of copyright.

Copyright is not adequately enforced online in the United States. It is reported that despite a temporary decline during the COVID-19 lockdown, media piracy has seen a resurgence. The proliferation of popular streaming TV content and the return of robust wide-release film slates have contributed to steady increases in illicit viewing since 2020. In 2022, global visits to piracy websites totalled 215 billion, marking an 18% year-over-year increase. The U.S. accounted for the largest share of film and TV piracy, with more than 13.5 billion visits to piracy sites. Specifically, film piracy rose sharply by 36% compared to the previous year, while TV piracy grew by nearly 9%. Unlicensed streaming websites have now surpassed downloads as the primary method for accessing pirated content, with 95% of pirated TV shows and 57% of films accessed through these platforms in 2022.

The US has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.